The Regulation organises several core regulatory concepts and links them to the Act. The central concepts are identified companion animals, categories of identification, authorised identifiers and accreditation, registration and registration agents, fees and indexation, permit schemes for particular animals, the Register and access to it, containment and public-safety requirements for dangerous and restricted dogs, enforcement through penalties and penalty notices, and transitional arrangements.
Identified companion animals are divided into four categories for regulatory purposes (cl 4). Category 1 are animals required to be identified to satisfy s 8 of the Act, category 2 are voluntarily identified on or after 1 October 2001, category 3 are voluntarily identified by a recognised microchip before that date and category 4 are animals identified by recognised microchips implanted outside New South Wales. Category 3 and 4 animals are treated as identified for the purposes of s 8 (cl 4(2)). The Regulation defines microchip as a subcutaneous full duplex electronic radio transponder implanted for the purposes of the Regulation (cl 3(1)).
Microchipping specifications and placement are prescribed: category 1 and 2 animals must be microchipped with a type or specification approved by the Departmental Chief Executive, with implantation subcutaneously in the dorsum between the scapulae at an oblique angle, and the microchip must function properly (cl 5). The Departmental Chief Executive may change approved types by Gazette order and may withdraw approvals, with implanted chips remaining valid despite later withdrawal (cl 5(1), (3)-(5)).
Only authorised identifiers may implant microchips, or persons supervised by a veterinary practitioner authorised identifier (cl 6(1)), and there are penalties for unlawful implantation and for advertising as authorised when not accredited (cl 6(1)-(2)). Accreditation and authorisation processes, including the power to authorise other persons to accredit and to withdraw authorisations or accreditations, are given to the Departmental Chief Executive with procedural fairness requirements before withdrawal (cls 9-11).
Registration is required when an animal is 12 weeks old or when first sold, even earlier than 12 weeks (cl 14). Registration agents are each council as a default, and the Departmental Chief Executive may appoint other persons or bodies to be registration agents (cl 13). The Regulation prescribes the registration information that must be provided and recorded, which encompasses the identification information, ownership contact details, desexing status, dangerous/restricted status for dogs, registration date, and certain microchip parent information (cls 8, 22, 29).
Fee structures are set for registration and permits, with specific amounts and additional fees for undesexed dogs, late payments, and exemptions for public-service animals, working dogs and desexed animals from rehoming organisations (cl 18). Permit fees for certain categories such as non-desexed cats and dangerous or restricted dogs are prescribed (cl 27). Schedule 2 sets out the mechanism for CPI-based annual adjustment of these fees and provides amounts for specified financial years.
The Register is the central data-store for identification and registration information. The Regulation expands who may access Register information for specified purposes, including police, certain inspectors and authorised officers under other Acts, registration agents and authorised persons, subject to the limitation "only to the extent required" for their statutory purposes (cl 30). Councils with arrangements under s 83J of the Act must input dog attack information into the Register within 72 hours of receiving relevant information (cl 31).
For public-safety control of dangerous, menacing and restricted dogs, the Regulation prescribes enclosure construction, minimum dimensions and materials, gate mechanisms and locking and signage (cl 32), warning sign specifications (cl 33), and distinctive collar specifications including colour, reflective stripes and minimum widths linked to dog weight (cl 34). The Regulation also prescribes that Dogs NSW breed identification or registration certificates are acceptable for certain purposes provided they contain the dog’s microchip unique identification number (cl 35).
Enforcement concepts are made concrete in Schedule 1, which lists offences for penalty notices and the monetary amounts payable for each, differentiating higher amounts in many instances if the dog is declared dangerous, menacing or restricted (Sch 1). The Regulation sets out notification procedures and permissible modes of service, including email and electronic notice where specific conditions are met (cls 38, 43, 43A).